Delmar Bank of University City, a Missouri Corporation v. Fidelity & Deposit Company of Maryland, a Maryland Corporation

VAN OOSTERHOUT, Chief Judge.

This is a timely appeal by plaintiff Delmar Bank from final judgment dismissing its complaint against defendant Fidelity & Deposit Company of Maryland (Fidelity). Plaintiff predicated liability on an alleged loss brought about by reason of forgery of endorsements of certain checks paid by plaintiff which plaintiff asserted were covered by the forgery provisions of a Banker’s Blanket Bond issued by defendant to plaintiff. Jurisdiction, based on diversity of citizenship, is established. The trial court’s opinion is reported at 300 F.Supp. 496.

There is no dispute as…